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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My name id ***** ***** and I am looking into some things

Customer Question

Customer: Hi my name id ***** ***** and I am looking into some things for my mother who is 77 years old. She has been working for a physician for over 20 years. The Dr has cancer and the practice is not doing well The doctor brought in these 2 individuals to try to turn the practice around and they at first wanted all the employees to sign an agreement which does not make sense. It looks as if they cut and pasted bits and pieces of an agreement together from the internet. Yesterday they told her that they are offering her a part-time position making 800 a month, $10.00 and hour. She was making 17.00 an hour. They also stated that if she accepts the offer she will be a 1099 employee but still have to sign the agreement. I am not a lawyer but I am not stupid and I know that they can not do this
JA: Thanks. Can you give me any more details about your issue?
Customer: The doctor brought in these 2 individuals to try to turn the practice around and they at first wanted all the employees to sign an agreement which does not make sense. It looks as if they cut and pasted bits and pieces of an agreement together from the internet. Yesterday they told her that they are offering her a part-time position making 800 a month, $10.00 and hour. She was making 17.00 an hour. They also stated that if she accepts the offer she will be a 1099 employee but still have to sign the agreement. I am not a lawyer but I am not stupid and I know that they can not do this This morning I called my mom on the phone and one of these men heard my mom's conversation with me and told her that they heard her speaking to someone and that they wanted her to leave her office and wait upfront in the office until the doctor came in. Once he arrived they all spoke with her in the office today telling her to just go home until she has made a decision about whether she wants to take their offer or not
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Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry....I am not sure I understand the question. Why is it you believe they can not lower her wage?

Customer: replied 11 months ago.
I know an employer can lower wages especially if they are not doing well and need to cut back. What I am not understanding is that they want my mom to sign a professional employment agreement but yet they also want her to go part-time making 800 a month and will be completing a 1099 form at the end of 2016. Isn't a 1099 form for business owners or independent contractors? She will not be providing her individual services to the office other than clerical work as an employee.
Expert:  P. Simmons replied 11 months ago.

Thank you

One use of the 1099 form is for a contract position.

It sounds like this employer is changing the position from paid employee to contract employee.

If they can do this or not depends on state law. Can you tell me please what state is this in?